The Vegetable Seed (Wales) Regulations 2005

Re-grading of crops

10.—(1) An application to re-grade a crop for the production of a category of seed to which paragraph (6) applies as a crop for the production of another category of seed (“the new category”) to which that paragraph applies may be made to the National Assembly by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the National Assembly shall require and shall be accompanied by—

(a) a copy of the field inspection report previously issued in respect of the crop unless this has previously been lodged with it, and

(b) such other information as the National Assembly may require for the purpose of determining the application.

(3) Where an application has been made under this regulation in respect of a crop that has not been harvested—

(a) the National Assembly shall, in the case of an application to re-grade a crop as crop to produce pre-basic or basic seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if—

(i) the previous field inspection report issued in respect of the crop was not issued by it, and

(ii) the condition and stage of development of the crop permit an adequate examination; and

(b) the National Assembly may, in the case of an application to re-grade a crop to produce CS seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if the condition and stage of development of the crop permit an adequate examination.

(4) If the National Assembly—

(a) in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed—

(i) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3)),

(ii) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(iii) that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed, or

(b) in the case of an application to re-grade a crop as a crop to produce CS seed—

(i) is satisfied that the crop has been produced directly from UK, EC or overseas tested officially certified basic seed of a listed variety, or, with the breeder’s authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety, and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of CS seed,

the National Assembly shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in sub-paragraph (a)(iii) or (b)(ii), as the case may be, and that the application to re-grade the crop has been successful.

(5) If the National Assembly is satisfied that the conditions specified in paragraph (4) have not been met it shall notify the applicant that the application to re-grade the crop has been unsuccessful.

(6) This paragraph applies to the following categories of seed—

(a) pre-basic seed;

(b) basic seed; and

(c) CS seed.